HomeMy WebLinkAboutOrd 1932 - Storm and Surface Water Rates
Cover page to Ordinance 1932
The full text of the ordinance follows this cover page.
Ordinance 1932 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
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Ordinance No. lq 15,2-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REGARDING STORM AND
SURFACE WATER RATES AND CHARGES; REPEALING
ORDINANCE NO. 1895 AS CODIFIED AT SECTION 14.32
OF THE TUKWILA MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to
finance the operation and maintenance of the storm and surface water utility; and
WHEREAS, the City needs current revenue levels to adequately fund the capital improvement
program;
WHEREAS, in order to ensure those rates continue as set in 1999;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Chapter 14.32 of the Tukwila Municipal Code is hereby amended to read as follows:
14.32.010 Purpose.
A. The purpose of this chapter is to provide for revenue to construct, reconstruct, replace,
improve, operate, repair, maintain, manage, administer, inspect, enforce facilities and activities for the
storm and surface water utility plan and utility.
B. This chapter creates a system of rates and charges pursuant to RCW 35.67 for the storm and
surface water utility.
14.32.020 Definitions. The following words, when used in this chapter shall have the meaning
identified below:
1. "Billing year" means the calendar year in which bills are sent.
2. "Developed surface" means those surfaces which have altered the natural infiltration or
runoff patterns that are characteristic of natural land as it existed prior to development and are not green
and growing, landscaped, or submerged. Such surfaces shall include hard surfaces that prevent or retard
the entry of water into the soil; to include, but not limited to: roof tops, asphalt or concrete paving,
driveways, parking lots, patio areas, storage areas, or other compacted surfaces. Such surfaces shall further
include porous surfaces which may accelerate the infiltration or transfer of surface or ground water; to
include, but not limited to: infiltration pits, piles of rock or quarry spalls, constructed surface water
drainage channels, or similar surfaces.
3. "Natural land" means parcels that have not been disturbed from their natural state in the
last 25 years. 100% of the parcel must be natural land for the parcel to be classified as natural land.
4. "Parcel" means the smallest separately segregated unit or plot of land having an identified
owner(s), boundaries, and area as defined by the King County assessor and recorded in the King County
assessor's real property file or in the King County assessor's maps.
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5. "Percent developed surface "means the quotient of the total area of developed surface on a
parcel divided by the total area of the parcel. For purposes of determining the rate category, the resulting
percentage shall be rounded to the nearest whole percent.
6. "Undeveloped surface" means any surface area that is green, growing, or landscaped and
supporting vegetation and shall include land which is totally submerged.
7. "Property owner of record" means the person or persons recorded by the county assessor
to be the owner(s) of property and /or to whom property tax statements are directed.
8. "Rate category" means the classification of properties, based upon the estimated percentage
of developed surface on the parcel, for purposes of establishing Utility Service Charges.
9. "Service charge" means that charge imposed on all parcels within the City by the storm
and surface water utility, and shall be the rate category to which the parcel is assigned multiplied times the
total area of the parcel rounded to the nearest 4,356 square feet (1 /10th of one acre).
10. "Single-family residential parcel" shall mean any parcel which contains one, two or three
single- family units. A "duplex" is equal to two single- family units. A "triplex" is equal to three single
family units.
11. "Utility" means the City storm and surface water management utility.
14.32.030 Utility rates and service charges.
A. A utility rate and service charge is imposed on every parcel within the City and the owner(s)
thereof. This includes but is not limited to parcels owned by the City, by the State, by the County, and all
other parcels.
B. The rate category established herein shall be based upon the contribution of surface and storm
water from a parcel to the system. The amount of contribution to the system shall be measured by the
estimated percentage of developed surface area on the parcel. The service charge imposed on each parcel
shall be equal to the rate category into which the parcel fits multiplied times the total area of the parcel
rounded to the nearest 4,356 square feet (1 /10 of one acre). Single- family residential parcels are grouped
together into one rate category and will pay one service charge per parcel. This rate category and service
charge is determined by estimating the average percent developed surface and the average total area of all
single- family parcels in the City.
C. Utility rate categories and annual service charges shall be as follows:
Service Charge I
Category per acre per
4,356 sq. ft.
1. Natural 64.20 6.42
2. 0 -20%
developed surface
3. 21 50%
developed surface
4.51 -70%
developed surface
5. 71 85%
developed surface
6. 86 100%
developed surface
7. Single- family
residential parcels
$139.40 $13.94
$255.60 $25.56
$381.40 $38.14
$459.40 $45.94
$536.00 $53.60
Service Charge
per Parcel
$52.00 N/A
D. Pursuant to RCW 90.03.525, all parcels owned by the State Department of Transportation shall
be subject to service charges that are equal to 30% of that which would result if the service charges were
calculated according to- section 14.32.030C of the Tukwila Municipal Code.
E. Each annual bill will be rounded up to the nearest number of cents. The minimum annual
service charge shall be This charge is equal to the annual charge for a 4,356 square foot parcel in
the lowest rate category (1, Natural).
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14.32.040 Special rates.
Every person 62 years of age or older (if married, then either spouse) and every person totally and
permanently disabled and who is paying directly for such separately billed surface water service either as
owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined
disposable income, if a married couple, from all sources is less than $26,000 per year, shall pay a rate
equal to 50% of surface water service charges. Every such person shall file with the Finance Department
their affidavit that he or she is qualified to be charged the special rate. Such affidavits are to contain
information as required by the Finance Director in order to establish eligibility. Each affidavit will also
include an unqualified promise to inform the City of any changes in financial condition that would
disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if
deemed necessary. In addition, the applicant must own and live on a single family parcel subject to the
utility charge. Only one parcel owned by an applicant may receive a low- income, senior citizen or
disabled person credit. If eligible for a credit, the applicant shall be billed at one -half of the service charge
applicable to each single- family residential parcel.
14.32.050 Service charge adjustments.
A. Any person receiving a utility service charge may apply in writing to the utility for a service
charge adjustment. Filing such a request does not extend the period for payment of the charge. Requests
for adjustments on delinquent accounts will not be acted upon until paid in full.
B. A request for a billing adjustment may be based on one or more of the following:
1. The total area of the non single- family residential parcel is incorrect;
2. The percent of developed surface on the non single family residential parcel(s) for the
billing year for which the service charge is imposed is incorrect and the actual percent of developed surface
on the parcel places it in a rate category different than that used for calculation of the service charge;
3. The parcel or portion of it is outside the City and the service charge is calculated on that
portion outside the City;
4. The service charge calculated is erroneous in applying the terms of this chapter.
C. Application for adjustments may be made to the utility. The burden of proof shall be on the
applicant to show that the rate adjustment sought should be granted. All decisions of the Director of
Public Works shall be final.
D. Applications for service charge adjustments shall be filed within 90 days of the billing date.
E. The Director of Public Works shall establish processes and procedures for reviewing requests
for adjustments.
14.32.060 Billing and collecting.
A. All parcels subject to a service charge shall be billed twice a year based upon the rate category
and acreage applicable to such parcels as of November 1 of the year prior to the billing year.
B. Each bill shall be equal to one -half of the total annual service charge applicable to the parcel.
C. Bills will be sent to the property owners during the months of January and July.
D. Property owners shall be responsible for all bills not paid.
E. The total amount of the bill shall be due within 60 days of the date of the bill. After that
period the bill shall be considered delinquent.
F. The service charge or any part thereof which becomes delinquent shall bear interest as
provided in RCW 35.67.200 at the rate of 8% per annum, or such rate as may hereafter be authorized by
law, computed on a monthly basis from the date of delinquency until paid.
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3
G. The City shall have a lien for all delinquent and unpaid service charges, including interest
thereon, against any parcel for which the service charges are delinquent, as provided by RCW 35.67.200.
A fee of $16.00 or the current charges imposed by the King County Records and Elections division shall
be charged to all liened parcels to recover the cost of placing and removing the lien on the parcel.
Pursuant to RCW 35.67.215, the lien is effective for up to one year's delinquent service charges without
the necessity of any writing or recording of the lien with the King County Records and Elections Division.
In the case of foreclosure actions to collect delinquencies, the City shall seek also to collect reimbursement
of reasonable costs of collection including, but not limited to, attorney's fees, staff time and filing fees.
14.32.070 Service charge revenues.
All moneys obtained pursuant to this chapter shall be credited and deposited in the storm and surface
water management utility fund created by Chapter 14.28. Moneys so obtained shall be spent for the
purposes allowed in that chapter.
Section 2. Repealer. Ordinance No. 1895 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance or its application to any person or situation should be held to be invalid or unconstitutional for
any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this ordinance or its application to any other
person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall take effect and be in full force five days after passage and publication as
provided by law.
PASSED BY THE CITY C UNCIL OF E CITY OF T5KWILA, WASHINGTON, at a Regular
Meeting thereof this day of 2000.
ATTEST /AUTHENTICATED:
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office" the Cityorney
FILED WITH THE CITY CLERK: 9 /te d V
C
PASSED BY THE TY OUNCIL: /O/
PUBLISHED: /0/6/4
EFFECTIVE DATE: 6 `/i /et)
ORDINANCE NO.: /9i
sswrates 2000 II 9 00
es.xiQ
Steven M. Mullet, Mayor
4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REGARDING STORM AND
SURFACE WATER RATES AND CHARGES; REPEALING
ORDINANCE NO. 1895, AS CODIFIED AT SECTION 14.32
OF THE TUKWILA MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
On L 2 the City Council of the City of Tukwila passed
Ordinance No. continuing storm and surface water rates as set in 1999;
providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times: /D
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 1�
Ja E. Cantu, CMC, City Clerk